100 Days Out: Trump v. Biden on LGBTQ Equality for Children and Families

by HRC Staff

Post submitted by Lucas Acosta (he/him), former Deputy Director of Communications, Politics

HRC outlines Trump’s attacks on and Biden’s record and plans for LGBTQ equality for children and families.

Over the coming days, HRC will be highlighting the key attacks from the Trump-Pence Administration and the commitments from the Biden administration to undo those attacks and build a better future for LGBTQ people. These are Trump’s attacks and Biden’s record and plans for LGBTQ equality for children and families:


  1. Allowed foster care programs to discriminate while accepting tax-payer funds: Trump-Pence White House has proposed a federal regulation that would strip away nondiscrimination requirements and permit a range of  Department of Health and Human Services (HHS) grant recipients, notably adoption and foster care agencies, to discriminate against LGBTQ people, and in many circumstances religious minorities and women, and still receive federal funding.
  2. Refused visas to partners of diplomats: The State Department began refusing visas for same-sex partners of some diplomats and U.N. workers if they are not married.
  3. Changed rules to deny surrogate born children citizenship: The Trump Administration has interpreted immigration rules specifically so the child of a same-sex couple born abroad via surrogate would be considered "born out of wedlock" and making it more difficult to obtain U.S. citizenship.
  4. Rescinded DACA for 81,000 LGBTQ Dreamers: Trump rescinded DACA, though the program still lives on despite his best efforts. According to the Williams Institute, 81,000 Dreamers identify as LGBTQ.
  1. Banning “conversion therapy”: Biden has committed to banning so-called “conversion therapy” a range of dangerous and discredited practices that falsely claim to change a person’s sexual orientation or gender identity or expression. Such practices have been rejected by every mainstream medical and mental health organization for decades, but due to continuing discrimination and societal bias against LGBTQ people, some practitioners continue to conduct conversion therapy. Minors are especially vulnerable, and conversion therapy can lead to depression, anxiety, drug use, homelessness, and suicide.
  2. Reverse the Trump-Pence Administration rule allowing adoption agencies to discriminate against LGBTQ families:  In 2019, the Trump-Pence administration proposed a rule that would allow federal funding to adoption and foster care agencies discriminating against potential LGBTQ parents and foster care providers solely because of their gender identity or sexual orientation. As President, Biden would repeal that rule.
  3. Clarified FMLA Definitions: The Obama-Biden DOL clarified the Family and Medical Leave Act to ensure that LGBTQ parents could care for their children in the event of illness regardless of their biological relationship.
  4. Increase funding for the Runaway and Homeless Youth Act: As President Biden will increase funding for the RHYA to ensure LGBTQ+ individuals have access to transitional living programs that provide essential services like job counseling and mental and physical health care.
  5. Launched a Biden Foundation Initiative Supporting LGBTQ Youth: In 2018, the Biden Foundation launched the “As You Are Initiative” to highlight the harm family rejection causes LGBTQ youth.
  6. Expand the Family Violence Prevention and Services Act: Biden has committed to work to expand the FVPSA reauthorization to include sexual orientation and gender identity non-discrimination protections as well as seek permanent funding for the National LGBTQ Institute on IPV to prevent and address LGBTQ+ intimate partner violence
  7. Promised to reduce LGBTQ youth incarceration: Biden has committed to a $1 billion per year juvenile justice program and required states who receive funding to have LGBTQ people at the table.
  8. Protect LGBTQ Dreamers: Biden has committed to protecting the approximately 81,000 LGBTQ dreamers from deportation.
  9. Voted Against a constitutional amendment banning marriage equality: In 2006, Biden voted against the Federal Marriage Amendment.